Allowed

Kunal Singh Dogra v. State of NCT of Delhi & Ors.

Delhi HC7 May 2024W.P.(CRL)/1222/2024

Case brief

AI extract

What is this about?

This petition sought quashing of an FIR under Sections 457/380 IPC based on a settlement agreement. The High Court found that the dispute arose from a misunderstanding and that the parties had amicably settled. In the interest of justice, the Court quashed the FIR and all consequential proceedings.

What did the court decide?

FIR No.10/2023 registered at PS IGI, Airport under Sections 457/380 IPC and all consequential proceedings are quashed.

Kunal Singh Dogra Vs State of NCT of Delhi & Ors. — Cheque Dishonour | Delhi HC (2024)

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$~11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 1222/2024 KUNAL SINGH DOGRA ..... Petitioner Through: Mr.Naveen Kumar Raheja, Mr.Sanjay Chauhan, Advs.

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versus

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STATE OF NCT OF DELHI & ORS. ..... Respondents Through: Mr.Amol Sinha, ASC (Crl), Mr.Kshitiz Garg, Mr.Ashvini Kumar, Ms.Chavi Lazarus, Advs. with SI Raghubir Singh, Insp. Sameer Srivastava. Complainant in person.

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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R % 07.05.2024

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This petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No.10/2023 registered at Police Station: IGI, Airport Metro, under Sections 457/380 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.

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The disputes arose between the petitioner and the respondent nos.2 and 3 out of some misunderstanding, which led to the filing of the above FIR.

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The learned counsel for the petitioner submits that the parties have amicably settled their inter se disputes and have entered into

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 11:33:37

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a settlement vide Settlement Agreement/MOU dated 07.11.2023.

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The respondent nos.2 and 3, are present in Court and have been duly identified by the Investigating Officer (IO). They affirm the settlement and state that they have settled all the disputes with the petitioner of their own free will and without any coercion. The respondent nos.2 and 3 submit that they have no objection if the present FIR is quashed.

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I have perused the contents of the FIR and also the settlement between parties.

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Keeping in view the fact that there was some misunderstanding between the parties and the respondent nos.2 and 3 do not wish to pursue their complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

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Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab , (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

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Accordingly, the petition is allowed. FIR No.10/2023 registered

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 11:33:37

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at Police Station: IGI, Airport, under Sections 457/380 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed.

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NAVIN CHAWLA, J

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MAY 7, 2024 RN/ RP

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Click here to check corrigendum, if any

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 11:33:37

Kunal Singh Dogra v. State of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Kunal Singh Dogra v. State of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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